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HomeMy WebLinkAbout#2879-CUP-=1990 • �\ City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2879 ORONO A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.50, SUBDIVISION 3 (A)7 FILE #1590 WHEREAS, Minnegasco, Inc. (hereinafter "the applicant") has an interest in the property located at 530 Old Crystal Bay Road North located within the City of Orono (hereinafter "City") and legally described as Lot 1, Block 1, Van Dale Addition, Hennepin County, Minnesota, (hereinafter "property"), and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit per Municipal Zoning Code Section 10.50, Subdivision 3 (A)7 to permit the temporary use of a portable liquid natural gas vaporizer. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1590. 2. The property is located in the Industrial Zoning District. 3. On September 17, 1990 the Orono Planning Commission reviewed the application as proposed and recommended approval based upon the following findings: a ) Proposed location of this use within the City' s industrial park meets the objectives of the zoning chapter and purposes of the industrial district in which the use is located. b) The proposed use was found to not be detrimental to the public health, safety or general welfare or materially injurious to properties or improvements in the vicinity and will not have a negative impact on the surrounding residential properties because of its limited period of operation within the year. Page 1 of 4 city of ORONO C►Tv RESOLUTION OF THE CITY COUNCIL OF NO. 2879 ORONO 4. The City Council finds that granting a conditional use permit to allow the temporary use of a portable liquid natural gas vaporizer at the property will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties , nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.50, Subdivision 3 (A)7 to permit the temporary use of a portable liquid natural gas vaporizer at the property located at 530 Old Crystal Bay Road North, subject to the following conditions: 1. Applicant shall install an 8' high cyclone fencing to include a Tenn-Air windscreen defined as the "open" type in order to meet opaqueness standard of ordinance. 2. Any changes in the hours of operation or expansion in the period of operation (outside of cold weather months) shall require additional review of this conditional use permit or possibly a new conditional use permit. 3. Driveway areas should be constructed to a 9 ton design and bituminous surfacing shall not be required for this temporary use. 4. The applicant shall be responsible for the complete restoration of the site at the time proposed use is removed from the site. • 5. This temporary conditional use permit is approved for a • period of 5 years. Applicant must resolve permanent service needs for this area of Orono within that period of time as there is no guarantee that the City will grant another conditional use permit for an extension of this use. This conditional use will expire on October 8, 1995. Page 2 of 4 • City of ORONO cm( RESOLUTION OF THE CITY COUNCIL OF NO. 2879 ORONO 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned representative of Minnegasco has read, understood and hereby agrees to the terms of this resolution and on behalf of Minnegasco, Inc., it's successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 8th day of October, 1990. ATTEST: /(-i ,,r4/24-A74_ Theresa L. Naab, Deputy Clerk gdward J. CaXlahan, Jr. , Ac,,t'ing Mayor i le6d144(.4tt horized Representative of thorized Representative of Veda, Inc. innegasco, Inc. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of October, 1990, by Edward J. Callahan, Jr. & Theresa L. Naab, Acting Mayor & Deputy Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Not ry Public LINDA S. VEE 111. NOTARY PUBLIC - MINNESOTA � /,2 1 / 9 9 � � HENNEPIN COUNTY • ,,. My commission expires a-1246 My Co 1ssion Expires Page 3 of 4 L\ CItyofORONO . . CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2879 ORONO STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 12 ` day of Cej-pla_c_,r- , l99 before meNotary Publi .within and for said county, personally appeared �. P. 1,0 h c� ()'1 ✓'W101-/r known to me to be the person(s ) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. L/7---)1-(2-4-1 , 71 /7t41.2.1,-- . N•. ,r. - • = " '' THERESA L NAA$ - NOTARY PUBLIC L. MINNESOTA HENNEPIN COUNTY My commission expires 98492 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this /3 day ofai-Olak-v- , 1990 before me a Notary Public within and for said County, personally appeared r—rorr KoL116 (5-vi YYI a Q_ r known to me to be the person(s) described in and who eicuted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. • v .---71::::2441._ Z ILL,//'- NOTARY 1.'i.,_ THERESA L NAAB `_ NOTARY HENNEPIN PUBUO-COUNMINNESOTYTA --:',;4:',' 1a OmisNaa expires 98.92 MY COMMISSION EXPIRES Page 4 of 4